"You need to be able to connect the voter with his vote," she said Tuesday, remarking that an exception would be an unanimous vote.

Initially, Superintendent Dr. Bruce Storm, who chaired the meeting until new board chairman Matt Franjola was elected, planned to have members write their names on the ballots, but board members objected, saying that was not how they have voted in the past.

The board instead voted to use secret ballots for electing the new officers. Votes were written, but no voter names were attached to the ballots.

"They still have to vote in the open. They might not like it," Harmon said. "They can't supersede the FOI Act by voting for a secret ballot."

She said the act clearly states the votes of each member of a public agency on any issue before that agency or board "shall be reduced to writing and made available for public inspection within 48 hours."

The votes are also to be recorded in the minutes of the session and available for public inspection within seven days.

Harmon said if an FOI complaint is filed the board "would likely be found in violation of the FOI Act."

Roxbury resident Jay Kronfeld has an FOI complaint against the board involving untimely filing of building committee minutes; the March 19 agenda, when the board voted to put a binder on Roxbury land for an elementary school; and the April 9 agenda, when the board voted to schedule a June referendum, which was later cancelled because of improper filing of notice to the three towns.

Kronfeld contends the agendas did not properly warn of the votes. An Aug. 30 hearing has been set for his complaint.

In February, Kronfeld and the board settled his November complaint alleging an Oct. 18 building subcommittee meeting of the board was not properly warned.

He also alleged the Region 12 board failed to make proper motions to go in and out of an executive session at on Oct. 30.

Kronfeld said at the time that when minor issues are overlooked, it leads to major issues.

The February settlement required the board to attend an FOI information session.